Question reference: S6W-26054
- Asked by: Jackson Carlaw, MSP for Eastwood, Scottish Conservative and Unionist Party
- Date lodged: 8 March 2024
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Current status: Answered by Maree Todd on 22 March 2024
Question
To ask the Scottish Government what advice it offers to local authorities in relation to circumstances in which a family requests support from a local authority social care service to protect the welfare and financial interests of a loved one because they have not been able to renew a guardianship order due to any cost barriers.
Answer
If a family cannot afford to renew a guardianship order, the local authority can offer support by providing non-legal advice on the Adults with Incapacity (AWI) (Scotland) Act 2000, suggesting independent advice sources, and conducting needs assessments for both the individual and the carer. The Scottish Government has published AWI codes of practice for local authorities. Chapter 7 highlights the responsibilities of local authorities in this domain and their duty to apply for a guardianship where one is necessary and no application is being made or likely to be made.
Last winter Scottish Government published its good practice guidance for AWI delayed discharge based on engagement with majority of local authorities. This highlighted the most efficient ways to facilitate moves of adults lacking capacity from the hospital estate to more suitable accommodation. This included the guardianship process and ensuring the adults rights, will and preference are first and foremost.